The Trump administration has filed an appeal with the Supreme Court, hoping to get permission to fire the head of the federal agency dedicated to protecting whistleblowers.
The emergency appeal, obtained by The Associated Press on Sunday, could likely be the start of a steady stream of court filings by lawyers of President Donald Trump and his administration aimed at reversing lower court rulings that have delayed his priorities for his second term in office.
The appeal seeks to prevent Hampton Dellinger from resuming his role as the head of the Office of Special Counsel.
A lower court judge previously temporarily reinstated Dellinger to his position, which he was appointed to by former President Joe Biden. Now, the Department of Justice is calling on the high court to lift the judge’s order.
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United States Supreme Court (front row L-R) Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan, (back row L-R) Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh and Associate Justice Ketanji Brown Jackson. (Alex Wong/Getty Images)
Dellinger has argued that by law, he can only be dismissed from his position for job performance problems, which were not cited in an email dismissing him from his post.
The Trump administration’s petition came hours after an appeals court refused to lift the order on procedural grounds, which was filed last Wednesday and is expected to expire on Feb. 26.
The case is not expected to be placed on the docket until the Supreme Court returns after the Presidents’ Day holiday weekend. Once filed, the earliest the justices will be able to act will be Tuesday.
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The Trump administration filed an appeal with the Supreme Court with hopes of getting permission to fire the head of the Office of Special Counsel. (Donald Trump 2024 campaign)
Dellinger sued the Trump administration in D.C. federal court last Monday following his firing on Feb. 7.
The Trump administration has been met with a wave of lawsuits since Inauguration Day, and legal experts say many of them will likely end up in the Supreme Court’s hands.
“President Trump is certainly being aggressive in terms of flexing executive power and not at all surprised that these are being challenged,” John Malcolm, vice president of the Institute for Constitutional Government at the Heritage Foundation, told Fox News Digital last week.
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President Donald Trump’s second term kicked off with a flurry of executive orders and directives that have since been targeted by legal challenges, some of which will likely end up in the Supreme Court’s hands. (AP Photo)
Trump kicked off his second term with a flurry of executive orders and directives that have since been targeted by a flood of legal challenges.
Since Trump’s first day back in the Oval Office, more than 40 lawsuits have been filed over the administration’s actions, including the president’s birthright citizenship order, immigration policies, federal funding freezes, federal employee buyouts, Elon Musk’s Department of Government Efficiency (DOGE), and legal action against FBI and DOJ employees.
In one of the most recent developments, a Rhode Island federal judge ordered the Trump administration to unfreeze federal funds, claiming the administration did not adhere to a previous order to do so. The Trump administration appealed the order to the First Circuit shortly thereafter, which was ultimately denied.
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Many of these lawsuits have been filed in historically left-leaning federal court jurisdictions, including D.C. federal court. Various challenges have already been appealed to the appellate courts, including the Ninth and First Circuits, which notably hand down more progressive rulings. The Ninth Circuit, in particular, has a higher reversal rate than other circuit courts.
Fox News Digital’s Haley Chi-Sing and The Associated Press contributed to this report.
